20081775 Ver 2_Approval Letter_20090424

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 24, 2009
Inner Banks Development, LLC.
Attn: Zane Buckman
416 Riverside Drive
Washington, NC 27889
Natural Resources
Dee Freeman
Secretary
DWQ Project # 08-1775 vs 2
Beaufort County
Subject Property: Shady Shores
UT to Pamlico River, Tar-Pamlico Basin, 030407, SC, NSW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Buckman:
You have our approval, in accordance with the attached conditions, to place fill material
within or otherwise impact 1.03 acres of waters, 0.092 acres of wetlands, 3011.02 square
feet of Zone 1 and 2040.39 square feet of Zone 2 protected riparian buffers to construct a
27 lot residential development and maintenance dredge an existing manmade canal as
described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on March 17, 2009. After reviewing your
application, we have determined that the Division of Water Quality (DWQ) General
Water Quality Certification Number 3642 covers these water impacts. This Certification
allows you to General Permit No. 198000291 when issued by the US Army Corps of
Engineers (USACE). In addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and LAMA. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
North Carolina Division of Water Quality Internet: www.newaterauality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
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or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands 0.092 (acres) Plat provided with application
Waters 1.03 (acres) Plat provided with application
Buffers 5051.41 (square ft.) Plat provided with application
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required
to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3642.
4. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
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profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must
be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for
culverts having a diameter less than 48 inches, to allow low flow passage of water
and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and downstream of the above structures. The applicant is required to
provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and
be designed to adequately accommodate high water or flood conditions.
5. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major Application.
All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules
occur.
6. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline
or coastal wetland (whichever is more landward) associated with canal cleanout and/or
maintenance must be done in an "in kind" manner immediately following the
conclusion of the activity. (Example: Disturbed areas with pre-existing grassed lawns
must be replanted with grass. Disturbed areas with pre-existing trees or woody
vegetation must be replanted with trees and woody vegetation. Disturbed areas with
pre-existing forest vegetation must be replanted with forest vegetation including at least
two different native hardwood tree species at a density sufficient to provide 320 trees
per acre at maturity. This density can usually be achieved by planting approximately
436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit.
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If you do not accept any of the conditions of this Certification (associated with the
approved water impacts), you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714.
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described
within 15A NCAC 2B .0259. If you have any questions, please telephone Kyle Barnes of
the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
S' cerely,
Coleen shin
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, WaRO
DLR, WaRO
File copy
Warren Eadus, Quible and Associates, P.C.
PO Drawer 870, Kitty Hawk, NC 27949